Kings, barons and justices : the making and enforcement of legislation in thirteenth-century England

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書誌事項

Kings, barons and justices : the making and enforcement of legislation in thirteenth-century England

Paul Brand

（Cambridge studies in medieval life and thought / edited by G.G. Coulton, 4th ser., 56）

Cambridge University Press, 2006

  • pbk.

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注記

1st pbk. version

Includes bibliographical references (p. 484-495) and index

内容説明・目次

内容説明

This book is a study of two important and related pieces of thirteenth-century English legislation - the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267 - and is the first on any of the statutes of this period of major legislative change. The Provisions of Westminster were the first major legislation enacted in England after Magna Carta, when Henry III surrendered control of government to a baronial council with an agenda of institutional reform. The Provisions were revised and reissued by the king in 1263, and a further revision in 1267 produced the Statute of Marlborough. Exceptionally good surviving documentation is used to follow the evolution of the individual clauses from initial suggestions for reform, through a series of drafts, to the various versions of the final texts.

目次

  • Introduction
  • Part I. Politics and the Legislative Reform of the Common Law: 1. The making of the Provisions of Westminster: the process of drafting and their political context
  • 2. The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (i)
  • 3. The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (ii)
  • 4. Enforcement of the Provisions of Westminster during the initial stages of their existence, 1259-63
  • 5. The revision and reissuing of the Provisions, 1263-4
  • 6. The revised Provisions in action, 1263-7
  • 7. The final revision and reissue of the Provisions of Westminster: the Statute of Marlborough of 1267
  • Part II. Beyond Politics: The Enforcement and Interpretation of the Statute of Marlborough in the Courts, 1267-1307: 8. Contra formam feoffamenti: the statutory action for tenants contesting liability to suit of court after 1267
  • 9. Other mechanisms for the enforcement of chapter nine
  • other reforms affecting the lord-tenant relationship
  • 10. Reforms in the criminal justice system
  • 11. Reforms in the procedures of the Royal Courts
  • 12. The extension of existing remedies
  • 13. Enforcing the accountability of socage guardians
  • 14. Controlling the use of distraint
  • 15. Remedying abuses in the operation of local courts
  • 16. Conclusions
  • Appendices
  • Bibliography
  • Index.

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